TERMS OF SERVICE
PLEASE READ THESE TERMS & CONDITIONS FOR USAGE BEFORE PROCEEDING FURTHER. These terms of Service form a part of a legal agreement between Your Backup Crew, a brand under Xiao Xiao Media Pte. Ltd. (‘YBUC’, ‘we’, ‘our’), a company incorporated in Singapore, regd. No. 201633171D and user, including but not limited to any Resellers of our Services to the end customer (‘you’, ‘users’). These terms govern the use of any online YBUC Services.
By using our Services, you agree to accept these terms and consent to the legally binding contract between YBUC and yourself, that governs these TERMS & CONDITIONS FOR USERS.
Please check these terms periodically for changes. Using this Site following the posting of changes to these terms will indicate that you accept them as changed.
YBUC provides Services which allows its users to back up and manage its website and database over Internet.
2. ACCOUNT AND SECURITY
I. You must create an account for using our Services. For using our Services, you must be of a legal age to form a binding contract with YBUC, in your country.
II. On creating an account with YBUC, you agree to provide true, correct, accurate and up to date information. YBUC shall have the right to terminate your account in case it finds that any information provided by you is not correct or is false and misleading and incomplete.
III. Your account is secured by a password and you are responsible for creating a password. You must protect your account information and ensure not to share it with any third party. You are solely responsible for any unauthorized activities as a result of your actions, in your YBUC account. You must notify YBUC immediately of any unauthorized use of your accounts or any other security breach related to the Service.
I. For using our Services, the user must pay charges by any permitted mechanisms by YBUC. In case of credit card payment, the user hereby authorizes YBUC to collect (whether directly or indirectly) such amounts by charging the user’s credit card (details of which were provided by the user), via a third party online payment processor or by one of the payment methods described in the YBUC site.
II. The user acknowledges and agrees that YBUC cannot control any fees that may be charged to the user by its bank in relation to the payment of Charges and the user shall be wholly responsible for the same.
III. YBUC may at any time review or revise the charges and the same shall be applicable from such date as YBUC decides.
IV. All Charges are payable in US Dollars, unless the selected payment gateway allows for the Charges to be paid in another currency.
V. Except as expressly provided for otherwise, the User shall be responsible for all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated (hereinafter referred to as “Taxes”), arising out of or in connection with the payment of charges, including but not limited to, any tax which the user is required to withhold or deduct from payments to YBUC, except any income tax imposed upon YBUC by the relevant Tax Authority.
VI. If Taxes pursuant to Clause [v] above are required to be paid, the user shall pay such additional sums as are necessary to ensure that YBUC receives a net amount equal to the charges payable, which YBUC would have received had the payment not been made subject to such Taxes.
VII. You authorize YBUC to automatically renew your subscription and charge the then-current renewal fees to the Stripe account associated with your account unless you cancel your auto renewal on your Stripe account before the renewal date. You may cancel your subscription prior to the next billing date to avoid future charges by contacting YBUC support. Service will continue until the end of the current billing period and no service fees will be refunded.
4. GENERAL USER CONTENT AND CONDUCT
User is solely responsible for any information, data, text, photographs, graphics, videos or other materials (‘content’) that is voluntarily provided, uploaded or otherwise submitted with YBUC. YBUC does not control any content posted by you and shall not be liable for any content including any errors omissions in any content or loss or damage of any kind incurred as a result of the use of any content transmitted or otherwise made available via YBUC. User understands and agrees that in YBUC will have the sole discretions to disclose or remove the content from the site including but not limited to any of the following events:
I. Any request from government authority or court order or legitimate request from any person who alleges that such a content is defamatory or infringes any Intellectual Property
II. Any content that would cause YBUC to be in breach any laws and regulations to which it is subject
III. Any content that is contrary to any laws
IV. Any content that infringes right/s of any third party
The user acknowledges and agrees that the user shall be solely responsible for compliance with any and all laws, rules and regulations that may apply to its access and use of the Website and/or Service. Owing to the global nature of Internet, user agrees to comply with any rules regarding online conduct and applicable laws regarding transmission of data in their own country.
The user hereby accepts that it shall use all care in posting, uploading or submitting any content on the site. It agrees that it shall not post, upload, publish, submit or transmit any content that: (i) is, or may be reasonably suspected by the user to be, fraudulent, false, misleading or deceptive; (ii) is defamatory, obscene, pornographic, vulgar or otherwise offensive; (iii) is racist or discriminating against any individual or group; (iv) is violent or threatening or promotes violence; or (v) promotes illegal or harmful activities;
User understands and agrees that YBUC shall have the liberty to terminate the user account in case YBUC believes that user’s conduct has caused any of the above breaches.
Account Administration: You understand that using our Services may require adapting certain technical requirements and may include security components that permit the digital materials to be protected. Use of these materials is subject to usage terms of YBUC and the security content provider. Similarly, your account data may be visible to account administrators and you are advised to consider access rights to the account administrators
5. USE OF SERVICES AND RESTRICTIONS
I. YBUC reserves the right to provide or refuse to provide Services to any of the users without assigning any reason whatsoever. The user acknowledges that YBUC may require some time to activate the Service for the user subsequent to the user’s sign up for the Service
II. By signing up for YBUC account, you get a personal, worldwide, royalty-free, non-assignable and non-exclusive license to access the site. The user acknowledges that YBUC owns all right, title and interest including all the intellectual property on its site and its Services.
III. The user acknowledges and agrees that it will not copy, sub license, lease, rent, loan, transfer, modify, adapt, distribute or create derivative, decompile, reverse engineer, disassemble or attempt to extract any source code of any Services. The User agrees not to remove, obscure, or alter any trademark, copyright or any Intellectual property of YBUC on the site.
IV. The user acknowledges that the Internet or the systems, servers, and equipment through which the Service is provided may from time to time be inoperative in full or in part as a consequence of but not limited to (i) mechanical breakdown, maintenance (whether emergency, scheduled or otherwise), hardware or software upgrades, telecommunication connectivity problems; or (ii) other factors beyond the control of YBUC; and YBUC shall not be liable in any way to any such interference in Services.
The user can terminate its Services anytime without any reason, from the YBUC website. YBUC shall have the right to terminate your Services on reason including but not limited to the following:
I. Non-payment of subscription fees
II. Use of services by the user in violation of terms of this agreement
III. Use of YBUC services by the user is contrary to any existing laws to which it is subject
IV. If YBUC thinks that any false or misleading, inaccurate information is provided by user which has an adverse effect on YBUC service
V. In case any government or court directs YBUC that providing services to user is contrary to any laws or any violates any third party rights, YBUC shall suspend the account
The user agrees that it shall not be entitled to any compensation from YBUC for such suspension actions. It is also specifically agreed by the user that YBUC has no obligation to provide any user with the copy of any information stored by users on YBUC site and YBUC shall be at a liberty to delete the same after such termination from its servers.
7. LIMITED LIABILITY
User including any Reseller of our Services, agrees that YBUC, its partners, subsidiaries, affiliates, officers and employees shall not be liable for any special, indirect or consequential damages including but not limited to damages for loss of profit, use data or other intangible losses, even if YBUC have been advised the possibility of such damages, arising out of use or non-use of any Services or any unauthorized access to you account or alternation of your data backups on the YBUC website.
The User acknowledges that the Service presents the possibility of human and machine errors, omissions, delays, technical glitch, maintenance, hardware, software upgrades, failure to provide Services or displacing of any information of users. In such a case, users specifically agree not to hold YBUC liable for any damages.
YBUC shall not be liable to the users for any tort, negligence or breach of duty, which may cause any indirect or inconsequential damage to the users, to the extent permitted by laws. YBUC liability for any such action in any case shall be limited to aggregate amount of charges received by YBUC from the users.
8. INTELLECTUAL PROPERTY AND PRIVACY
The User acknowledges that all Intellectual Property Rights in the software and technology including trademarks and goodwill comprised in the Service belong exclusively to YBUC. User accepts that except as expressly stated in the site it shall not do any act including but not limited to copying, downloading, distributing or reproducing any of the materials on the site in any form or by any means whatsoever.
Without prejudice to the above, it is expressly stated that the user shall not make any attempts to use, copy, make derivatives of any trademarks related to the services of YBUC. Any such attempts by the user shall constitute to be infringing the trademarks of YBUC and we will be at liberty to terminate your account and recover damages.
The User shall only have a limited, non-exclusive and revocable right for the duration of the Contract to access and view Content posted by YBUC, for the User’s personal and non-commercial purpose, subject to these Terms & Conditions for Users stated here at.
Any content posted, uploaded or submitted by the user belongs to the user. It shall be the sole owner of any such Intellectual Property for its content. It user hereby agrees that it gives YBUC a worldwide license to use, host, store, reproduce, modify, create derivative works (translations and adaptations), communicate, publish, publicly perform, publicly display and distribute such content for the limited purpose of operating, promoting, and improving our Services, and to develop new ones for customer improvements.
User understands that it is bound by YBUC Privacy Polices in respect of treatment of user information and YBUC makes every endeavor to protect user privacy and copyright contained in it.
I. I. User, including but not limited to any Resellers, understands that during the course of using our Services, it shall have access to certain Confidential Information from YBUC. Confidential Information includes but is not limited to information of a commercial, technical or financial nature whether or not designated “Confidential” or under any similar legend indicating the confidentiality of the information as disclosed by YBUC to the Users or any of its employees or agents, except such information as is previously known to the User without an obligation of confidentiality or is public knowledge or publicly disclosed by the YBUC either prior to or subsequent to the User receipt of such information from the YBUC. For avoidance of doubt, all Customer information shall be deemed as Confidential Information.
II. The User shall hold such confidential information in trust and confidence for the YBUC and shall not use it except in furtherance of the purpose set forth in these terms of Agreement. The user shall further be responsible for the compliance of the foregoing by its employees or agents
III. The obligation of confidentiality in this Clause does not apply to the extent disclosure is required by law or the listing rules of a stock exchange or government or statutory body with authority to regulate or direct either or both of the Parties to these terms of Agreement.
IV. Upon termination or expiration of this Agreement, and without prejudice to the generality of any provision of this Agreement, the User shall, at YBUC’s option, deliver to YBUC all papers or documents containing any Confidential Information or destroy the relevant Confidential Information and all copies thereof and certify to the YBUC that this has been done.
V. This Clause shall survive any termination or expiration of this Agreement for three (3) years.
10. INDEMNITY AND WARRANTY
User including any Reseller, agrees to indemnify, defend and hold harmless YBUC, its subsidiaries, partners, associates, employees, consultants or agent against any third party claim that may arise due to use of YBUC Services in violation of terms of this agreement or in respect of user content submitted via YBUC services or because of any User conduct on YBUC website including but not limited to violation of rights of any other party.
YBUC provides its Services on ‘as is’ basis and does not make any warranty of any kind whatsoever express or implied including but not limited to warranties of merchantability, fitness or any special use, non-infringement, accuracy of information and any said condition. YBUC further makes no warranties that the Services of this website will meet your requirements or will be error free, uninterrupted or guarantee any results or that any defects will be made correct.
User warrants that any content downloaded or accessed through this site shall be at the own risk of the user and user shall be fully responsible for any claims or damages to any person or property as a result of accessing such content.
User also ensures and warrants that it shall not upload or submit any material that is contrary to public, morality, any existing laws to which it is subject, defamatory, in violation of rights of any third party or in breach of these terms of usage.
Disclaimer:: YBUC takes all reasonable steps to ensure that the information provided in the website is correct. It in any case does not guarantee the correctness or completeness of any material on this website. We can make changes constantly on the website. The materials are provided without and warranties and access and use of this website, is on ‘as is’ basis without any commitments about the content
11. COMPLIANCE WITH LAWS AND JURISDICTION
User agrees that it will ensure compliance with the existing laws to which they are subject. These terms will be governed by the laws of Singapore, except for its conflict of laws principles. Any dispute or proceedings brought in relation to these terms shall be brought in the court of Singapore and be subject to arbitration proceedings.
In case of any dispute, both parties shall make attempts to settle the dispute amicably between them. In case such amicable settlement is not arrived at, both parties shall be subject to rules of Singapore International Arbitration Centre (SIAC). An arbitrator appointed as per SIAC rules in Singapore will then settle such a dispute. The decision of the SIAC will be final and binding on parties involved.
If any of the provision of these terms is found to be unenforceable, the remaining of the terms will remain in effect and enforceable giving effect to the intent of the parties.